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How to do 6+6 months (Spanish wife)

How to do 6+6 months (Spanish wife)

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Old Jan 31st 2022, 9:17 pm
  #16  
DLC
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Default Re: How to do 6+6 months (Spanish wife)

I agree that the only rules on the UK side for your wife's residency are she may lose settled status if she spends 5 consecutive years outside the UK.

On the Spanish side you may have to re-apply for an EU family member card if you are absent from Spain for more than six months in a year. Also to get the card your wife must be working in Spain, self-employed in Spain, a student, or have sufficient economic means.

For healthcare, on the UK side, you both would have NHS coverage in the UK and could use a EHIC/GHIC card in Spain if you are ordinarily resident in the UK. Note the bit where it says you can be ordinarily resident in two countries at once. The UK residency tests are pretty nebulous, it doesn't cut off at 90 days.

For the Spanish side, the social security system is more pay-as-you-go and if she isn't working in Spain then you'll probably both have to go private. There's info about an online checker who can get social security coverage here.

Finally as for tax... if you wanted to avoid Spanish tax residency perhaps you could time your visits to Spain to 181-182 days?! But please don't take tax advice off me. To be honest I can't see what's that terrible about Spanish tax residency but I guess I'm too poor for it to matter.

Last edited by DLC; Jan 31st 2022 at 9:33 pm.
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Old Feb 1st 2022, 7:55 am
  #17  
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Default Re: How to do 6+6 months (Spanish wife)

Originally Posted by snikpoh
As a Spanish tax resident, you would have to pay tax on your UK property - even if it isn't rented out! It's called imputed rental tax.

I have just spoken to my tax accountant and this is incorrect. Imputed tax is non resident property owners contribution to the local costs and does not apply to an overseas property where local taxes will already be paid. If the house is not rented out and has no income then there is no tax liability. If you sell it while tax resident in Spain it will be subject to CGT so you will either have to stump up the cash or get suitable advice for an alternate solution which could include being out of Spain for a period.
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